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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journals of the Continental Congress --SATURDAY, DECEMBER 5, 1778


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Journals of the Continental Congress, 1774-1789
SATURDAY, DECEMBER 5, 1778

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A letter, of this day, from John Connolly, was laid before Congress:1

[Note 1: 1 This letter is in thePapers of the Continental Congress, No. 78, W, folio 275.]

Ordered, That it be referred to the Board of War.

A letter, of 3, from Captain Cosmo Medici, was read:

Ordered, That it be referred to the commissioners of claims at the Board of Treasury.

A letter, of 23 November, from Brigadier Count Pulaski, was read, together with a memorial from sundry inhabitants of the Minisinks, respecting the difficulty of procuring forage for the horses of the legion:

Ordered, That the same be referred to the Board of War.

A letter, of 1, from Major General Lord Stirling, was read:

A letter, of 23 November, from Governor Henry, was read:2

[Note 2: 2 Pulaski's letter is in thePapers of the Continental Congress, No. 164, folio 62; the memorial is on folio 66; that of Stirling, in No. 162, folio 551; and that of Henry, in No. 71, I, folio 193.]


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Ordered, That it be referred to the Marine Committee.

A letter, of 13 November, from the Council of Massachusetts bay, ∥was read,∥ respecting the eastern Indians:

Resolved, That the President write to the council of Massachusetts bay, and inform them, it is the desire of Congress that they comply with the request of the Indians in sending them a priest.

Mr. [John] Fell, a delegate from New Jersey, attended, and produced the credentials of the delegates of that State, which were read as follows:

New Jersey,November 6th, 1778.

The Council and Assembly met at Trenton, and in Joint Meeting proceeded to the Election of five Delegates to represent this State in Congress, and the Votes being taken, the hon. John Witherspoon, Nathaniel Scudder, Frederick Frelinghuysen, John Fell and John Neilson, Esquires, were duly elected.

Resolved, therefore, That the said John Witherspoon, Nathaniel Scudder, Frederick Frelinghuysen, John Fell and John Neilson, Esquires, or any two or more of them, be empowered to Represent and vote in Behalf of this State in the Congress of the United States of North America, from the first day of December next, until the first day of December in the Year of our Lord One thousand seven hundred and Seventy nine, unless a new appointment shall sooner take place. It is nevertheless expected that three of the Delegates do constantly attend in Congress, unless prevented by sickness or other Accident.

The above is a true Copy from the Minutes of the Joint Meeting:

Bowes Reed,Secretary.1

[Note 1: 1 The original is in thePapers of the Continental Congress, New Jersey,Credentials of Delegates.]

A letter, of 29 November, from Major General the Marquis de la Fayette, was read:2

[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 156, folio 77.]

Ordered, That it be referred to a committee of three;

The members chosen, Mr. [William Henry] Drayton, Mr. G[ouverneur] Morris and Mr. [James] Lovell.


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The President, at the request of the Minister of France, laid before Congress an address of the Count d'Estaing to the inhabitants of Canada, which was read:1

[Note 1: 1 A translation of this address, in the writing of John Laurens, is in thePapers of the Continental Congress, No. 59, II, folio 147.]

Ordered, That it be referred to a committee of three:

The members chosen, Mr. [William Henry] Drayton, Mr. G[ouverneur] Morris and Mr. [James] Lovell.

A letter, of this day, from Lieutenant John Carter, was read, informing, that he considers other officers much injured by his singular promotion, and that under those circumstances he imagines that he cannot continue in the service consistent with principles of honor, and therefore desiring leave to resign his commission:2

[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 78, V, folio 273.]

Resolved, That he have leave to resign, and that his resignation be accepted.

The committee to whom was referred the letter of 11 November, from General Washington, brought in a report, which was read and agreed to.

That the Reasons assigned by the General against an Expedition to Canada, appear to the Committee to be well founded and to merit the Approbation of Congress.

That they are fully of Opinion that nothing of great Importance can be attempted in that Quarter unless the Enemy should evacuate the Posts which they now hold within these United States.

That it appears, nevertheless, highly probable that they will evacuate such Posts before the active Part of the ensuing Campaign.

That whatever may be the Situation of these States in other Respects, nothing can be done unless the necessary Preparations therefor be made in due Season.

That the Committee are of Opinion the Complexity of the Plan heretofore adopted by Congress, altho' calculated


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to distract the Views of the Enemy, may be nevertheless attended with such Disadvantages as to overbalance the good Consequences expected from it, and therefore that it may be simplified to Advantage.

That they entirely agree with the General that Niagara cannot be carried without commanding the Lakes Erie and Ontario, particularly the latter. But they must at the same Time observe that this Post is of such Importance to the United States as to render it proper to do every thing which is practicable to acquire the Possession of it.

That therefore it is in the Opinion of the Committee proper to direct the General to cause every previous Preparation to be made with all convenient Speed for the Subjection of that Fortress and also to carry on such farther Operations to the Northward as Time and Circumstances shall point out hereafter.

That they are of Opinion that the Questions whether any and what Force can and will be sent for the Emancipation of Quebec by his most Christian Majesty must depend upon Circumstances and Situations, which cannot at present be known on this Side the Atlantic. But they conceive it will be in his Power to operate with Effect for that Purpose, and as well from the Importance of the Object as from his former Exertions in Favor of these States, they doubt not but that in such Case, he will readily afford his Assistance.

That they are therefore of Opinion that the General should be directed to write to the Marquis de la Fayette upon that Subject, and also to write to the Minister of these States very fully, to the End that eventual Measures may be taken in case an Armament should be sent from France to Quebec to cooperate therewith to the utmost


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Degree which the Finances and Resources of these States will admit.

Decr. 5, 1778.

Resolved that Congress agree to the report of the committee.

Extract from the minutes.

C. T.1

[Note 1: 1 This final paragraph is in the writing of Charles Thomson. The report, in the writing of Gouverneur Morris, is in thePapers of the Continental Congress, No. 19, VI, folio 265.]

A letter, of 4, from Silas Deane, Esq. was read:

Ordered, That Monday evening be assigned for hearing Mr. Deane, and that he be notified to attend.

A letter, of 21 August, from Hon. J. Adams, at Passy, was read.

A letter, of 3, from Governor Livingston, ∥of New Jersey,∥ was read,2 covering a letter from the Dutch Synod of New York and New Jersey to the Classis of Amsterdam, which the said Synod desire leave to send forward:

[Note 2: 2 This letter is in thePapers of the Continental Congress, No. 68, folio 433.]

Ordered, That the letter from the Synod of New York and New Jersey be forwarded by the Committee for Foreign Affairs.

The committee to whom was referred the memorial of the regimental surgeons and assistants, brought in a report, which was read, and after debate,

Ordered, That it be committed to the Medical Committee, who are directed to take into consideration the case of the hospital as well as regimental surgeons, and report thereon.

A report from the Board of War was read; Whereupon,

Resolved, That the plan for raising the corps to be called the German Volunteers, be for the present laid aside:3

[Note 3: 3 The original report here added: "That Lieutenant Colonel Klein, commandant thereof, be ordered to do duty as lieutenant colonel in General Pulaski's Legion." In the margin is written by Laurens: "Postponed, 5 December."]

That Captains Führer and Kleinsmit be informed,


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That it is inexpedient to employ them at this time, agreeably to the intention of Congress, expressed in their former resolution on this subject:

That they settle their accounts with the auditors at Philadelphia, and be allowed a month's pay and subsistence each beyond what is now due them, in consideration of any extraordinary expence they may have incurred in equipping themselves as intended officers of the corps of German Volunteers.1

[Note 1: 1 This report, dated October 20 and prepared by Richard Peters, is in thePapers of the Continental Congress, No. 147, II, folio 339. It was accompanied by the following letter:
"Sir: The late conduct of Mr.Juliat and the character of the above mentioned Messrs. Führer and Kleinschmitt induce an opinion that it will be impolitic to trust them or to put the public to the expense of raising the Corps. Therefore the above resolutions are submitted to Congress for their approbation. Lt. Col. Klein is not under the like circumstances with the other Gentlemen. He is a very worthy man, and from all accounts a good Officer. He wishes to preserve his present appointment that if a Corps of the kind, when circumstances alter so as to render it proper, should be raised, he may command it, and in the mean time he will do the duty of Lt. Col. in Pulaski's legion in the room of Baron Bosse who was killed in the late engagement in New Jersey. I have the honor to be with the greatest respect yr. very obedt. Servt.Richard Peters."
A petition from Carl Friedrich Führer, Carl Wilhelm Kleinschmit, J. W. Lüdemann and Peter Caspar Freylinghauss, dated November 19, is in No. 43, folio 89. It is endorsed by Laurens as read on the 19th.]

The Board of War being applied to by Captain Medici, of the North Carolina dragoons, for directions for his future government, beg leave to state the case of the said troops;

"That, from an impracticability to provide for them, they have been hitherto unemployed in the field, except about forty, who were lately compleatly fitted out and sent to Brigadier M'Intosh under Captain Ashe, in expectation that the men whose times of service were near expiring, would agree to stay two months beyond their time; but on or soon after their arrival at Fort Pitt, their times being expired, all but 14 quitted the service and went home: that


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Captain Medici having been sent about eighteen months ago to Carolina, to purchase horses, sent on a few in June last; that being directed to come to Philadelphia, and settle his accounts, he is arrived, and informs, that by order of Colonel Bland he recruited 30 men for the term of three years, or during the war, and gave them orders to meet him at Halifax the beginning of this month: that he has eleven men at Philadelphia: that the whole of the said men are unprovided with cloathing and accoutrements, except some may have been provided at Halifax by order of Captain Medici, and have but few horses:

That, from their not being annexed to any corps, they cannot, in the opinion of the Board, be of much utility to the states, unless they can be employed to the southward under General Lincoln, and then much expense will accrue in fitting them for the field:" Whereupon,

Resolved, That as the United States have no farther occasion for the service of the troops of light dragoons raised by, and when taken in continental pay, in the particular service of the State of North Carolina, the said troops be paid up to the first day of January, and that after that day, they be no longer considered in the pay of the Continent; and that they be returned to the government of the said State, to be retained in the pay thereof or discharged as they shall deem proper.

Ordered, That the Board of War settle and pay the accounts of the said dragoons.

Ordered, That the Board of War supply the said troops with such cloathing as may be due to them.1

[Note 1: 1 This report, dared November 24, is in thePapers of the Continental Congress, No. 147, II, folio 385. The members present: Sherman, Peters, and Lee.]

Congress was resolved into a committee of the whole, and after some time, the president resumed the chair, and Mr. F[rancis] L[ightfoot] Lee reported, that the committee


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have had under consideration the propositions to them referred, but, not having come to a conclusion, desire leave to sit again:

Resolved, That to morrow ∥on Monday,∥ at one o'clock, Congress be resolved into a committee of the whole, to consider farther the resolutions referred to them.

The determination of the motion, which was yesterday postponed by a State, was called for, and,

The yeas and nays being required on the question by Mr. [William Henry] Drayton,

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So it was resolved,

That the sentence of the general court martial upon Major General Lee, be carried into execution.

Ordered, That the resolution of Congress on the proceedings of the courts martial on the trials of Major General Schuyler and Major General Lee, be published.


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A letter from his Excellency J. Reed, president of Pensylvania, was read:

Ordered, That it be referred to the Board of War, and that the Board take order on such part thereof as relates to the guards for the convention troops, and report on the remainder.

Adjourned to 10 o'Clock on Monday.

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